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Immigration Act 2009

Refugee and protection status determinations - Claims for recognition as refugee or protected person

136: How refugee and protection officer to determine claim

You could also call this:

“How a refugee and protection officer assesses and decides on your claim”

When you make a claim to be recognised as a refugee or protected person, a refugee and protection officer will decide on your claim. The officer must figure out the things mentioned in section 137. They can look for information from anywhere, but they don’t have to get more information than what you give them. The officer can decide how to handle your claim, but they have to follow the rules in this part of the law, any special rules made for this part, and any instructions from their boss.

The officer can make a decision just based on what you tell them. They don’t have to ask for more information or evidence if they don’t want to. This means it’s important for you to give them all the information you can when you make your claim.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440814.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
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135A: Suspension of determination of claim, or

“When the processing of your refugee or protection claim can be paused”

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137: Matters to be determined by refugee and protection officer, or

“How a refugee and protection officer assesses your claim for refugee or protected person status”

Part 5 Refugee and protection status determinations
Claims for recognition as refugee or protected person

136How refugee and protection officer to determine claim

  1. For the purpose of determining a claim, a refugee and protection officer must determine the matters set out in section 137.

  2. In doing so, the refugee and protection officer may seek information from any source, but is not obliged to seek any information, evidence, or submissions further to that provided by the claimant.

  3. The refugee and protection officer may determine the procedures that will be followed on the claim, subject to—

  4. this Part; and
    1. any regulations made for the purposes of this Part; and
      1. any general instructions given by the chief executive.

        1. To avoid doubt, the refugee and protection officer may determine the claim on the basis only of the information, evidence, and submissions provided by the claimant concerned.

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